Extending your UK entrepreneur visa: The Job Creation Requirement

By Richmond Chambers

11 Jun 2014

When you come to make your extension application in the Tier 1 (Entrepreneur) category, the Immigration Rules require that you must have created the equivalent of at least two new full time jobs for persons settled in the UK. These jobs must have existed for at least 12 months of the period for which your previous leave was granted.

This is our guide to ensuring that you meet this requirement when you come to make your extension application.

How many people do I need to employ and for how long?

On the face of it, this provision appears to be straight-forward in requiring two jobs to exist for 12 months. However, the policy guidance which immigration officers use to assist their decision making, previously complicated matters by stating that entrepreneurs could rely on periods which would amount to the equivalent of two full time employees for 12 months. On 6 April 2014, this was amended and transitional arrangements put in place. It is therefore important to know at what date you entered the Entrepreneur category. This will ensure that you meet the requirements particular to your case at the time you make your extension application.

If you were granted leave as a Tier 1 (Entrepreneur) prior to 6 April 2014

You may employ:

A single worker for 24 months; or

One worker for 6 months and one for 18 months; or

Two workers for twelve months each; or

Four workers for six months each.

If you were granted leave as a Tier 1 (Entrepreneur) after 6 April 2014

You may employ:

Two workers for twelve months each (nb If a worker is employed for part of a year and replaced, the periods may count cumulatively to add up to a period of 12 months, but only periods during which a worker is employed in a post will be considered).

What does it mean by 'full time'?

The policy guidance indicates that the Home Office considers a 30 hour working week to be full time. However, if you have part time employees you can count a number of employees cumulatively whose hours add up to 30 hours or more per week. However, the employment must comply with the working time directive.

What does it mean by 'employ'?

Individuals must be employed by your business, rather than working as contractors or on a self-employed basis.

What does it mean by 'settled population'?

When the Home Officer refer to the settled population this means a national of the UK, British overseas territories citizens, except those from sovereign base areas in Cyprus, Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here or EEA nationals exercising treaty rights.

This list does not include all of the people who will have the right to work in the UK, so be sure that you check on an individual's circumstances before you rely on their employment in your application. Simply employing someone legally will not mean that you meet the requirements of this rule.

What does it mean by 'new'?

If your business is a new startupin the UK then all of your employees will be new. However, if you are investing into an existing business, this requirement will be a little bit more complicated. You will need to demonstrate, with evidence, the number of people who were employed by your business prior to your investment being made and you being appointed as a Director. You will then need to show that you have created an increase in the number of employees.

What evidence will I need to provide?

All of the above will need to be properly evidenced when you make your extension application. The evidence that you will need to provide will depend on the circumstances of your business but you will need to show that your employees are settled workers by reference to copies of their passports and birth certificates. You will need to keep complete employment records including records of payment, HMRC documentation and payslips, as well as a supporting letter from your accountants.

For further advice or assistance with preparing an application for entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant, contact our immigration barristers in Covent Garden, London on 0203 617 9173 or by email info@richmondchambers.com.

Expert advice & representation from immigration barristers that you can rely on.

AWARDS

to top

Richmond Chambers LLP is a limited liability partnership registered in England and Wales and authorised and regulated by the Solicitors Regulation Authority. Barrister members are also regulated by the Bar Standards Board.